The University provides up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:
- Incapacity due to pregnancy, prenatal medical care, or childbirth.
- The birth of a child, or placement of a child with you for adoption or foster care, and to bond with the newborn or newly placed child. To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition.
- Serious health condition that makes the employee unable to perform the employee’s job.
Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or called to active-duty status in the Armed Forces, National Guard, or Reserves may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered servicemember is: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.*
*The FMLA definitions of “serious injury or illness” for current servicemembers and veterans are distinct from the FMLA definition of “serious health condition.”
Benefits and Protections
During FMLA leave, the University maintains the employee’s health coverage under any group health plan on the same terms as if the employee had continued to work. Employees must continue to pay their portion of any insurance premium while on leave. If the employee is able but does not return to work after the expiration of the leave, the employee will be required to reimburse the University for payment of insurance premiums during leave.
Upon return from FMLA leave, most employees are restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Certain highly compensated employees (key employees) may have limited reinstatement rights.
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave. Leave accrual will continue when an employee is on paid leave but discontinue if they are in an unpaid status. Holidays, bereavement, or employer’s jury duty pay are not granted on unpaid leave.
Eligibility Requirements
Employees are eligible if they have worked for this University for at least 12 months, for 1,250 hours over the previous 12 months, and if they work at a work site with at least fifty employees within seventy-five miles.
In the event spouses work for the University and each spouse is eligible to take FMLA leave, the FMLA limits the combined amount of leave they may take for some, but not all, FMLA-qualifying leave reasons.
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job or prevents a qualified family member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive full calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Use of Leave
The maximum time allowed for FMLA leave is either 12 weeks in the 12-month period as defined by the University or 26 weeks as explained above. The University uses the 12-month period measured backward from the first day of an employee’s leave.
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the University’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.
Employees taking intermittent or reduced schedule leave based on planned medical treatment and those taking intermittent or reduced schedule family leave with the University’s agreement may be required to temporarily transfer to another job with equivalent pay and benefits that better accommodates that type of leave.
Substitution of Paid Leave for Unpaid Leave
Except where Colorado FAMLI applies, in which case there is a separate agreement governing leave, the University requires employees to use accrued paid leave while taking FMLA leave. Paid leave used at the same time as FMLA leave must be taken in compliance with the University’s normal paid leave policies. If an employee’s leave of absence does not constitute paid leave as defined in the University’s paid leave policies, the employee cannot use accrued paid leave, but can take unpaid leave. FMLA leave is without pay when paid leave benefits are exhausted.
Employee Responsibilities
Employees must provide 30 days’ advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable and must inform their supervisor and Human Resources.
Employees must provide sufficient information for the University to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions; the family member is unable to perform daily activities; the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the University if the requested leave is for a reason for which FMLA leave was previously taken or certified.
Employees also may be required to provide a certification supporting the need for leave. The University may require second and third medical opinions at the University’s expense. Documentation confirming a family relationship, adoption, or foster care may be required. If notification and appropriate certification are not provided in a timely manner, approval for leave may be denied. Continued absence after denial of leave may result in disciplinary action in accordance with the University’s attendance guideline. Employees on leave must contact Human Resources at least two days before their first day of return.
Fitness-For-Duty Certification
Prior to returning to work, an employee who was on FMLA for their own serious health condition that made them unable to perform the essential functions of their position is required to obtain and present a certificate from their healthcare provider that they are able to return to work and perform the essential functions of their position. A release may be required for an employee on intermittent or a reduced leave schedule if reasonable safety concerns exist regarding the employee's ability to perform their duties, based on the serious health condition for which the employee took such leave.
The University’s Responsibilities
The University will inform employees requesting leave whether they are eligible under FMLA. If determined eligible, the notice will specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the University will provide a reason for the ineligibility.
The University will inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the University determines that the leave is not FMLA-protected, the University will notify the employee.
Unlawful Acts
FMLA makes it unlawful for the University to:
- Interfere with, restrain, or deny the exercise of any right provided under FMLA.
- Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against the University.
FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.